If you or someone you know is facing a removal (deportation) order from the United States, a motion to reopen may offer a second chance. In U.S. immigration law, a motion to reopen allows an individual to ask the immigration court to review a case they or another immigration court has already decided.
Motions to reopen enable immigrants to explain new facts or evidence they could not provide during the original hearing, which may change the judge’s decision.
At EMP Law, we understand how overwhelming the immigration process can be, especially when it feels like your future is on the line. Our legal team has helped many individuals and families understand how to fight back against removal.
With years of experience and a strong record of advocacy, our immigration attorneys are committed to standing up for your rights and guiding you through every step of your case with skill and compassion.
What Is a Motion to Reopen?
A motion to reopen is a legal document that asks an immigration judge or the Board of Immigration Appeals (BIA) to reconsider a case due to new, material facts that were not previously available. You may file a motion to reopen after the government decides against you in immigration court or with the United States Citizenship and Immigration Services (USCIS).
To file a motion to reopen in immigration court or with the BIA, you must:
- File within 90 days of the final order of removal or denial by the BIA, unless you meet an exception;
- Offer new evidence that was previously unknown or unavailable; and
- Convince the judge that the new evidence, when presented together with the evidence you already provided, requires or justifies a different outcome.
A lawyer typically drafts the paperwork you need to file and prepares the explanation for why the judge should reopen the case.
Material Facts
A material fact is something about the immigrant, their case, or their relationship to others that could change the case outcome. The fact or facts must be new, meaning the noncitizen did not know or have access to the information that might change the case’s outcome before the judge made the decision.
Motions to Reopen in Context
You can submit motions to reopen when the government closes an immigration case, and you have reason to believe they should not have decided what they did. That may involve:
- An immigration court judge orders you deported,
- Agreeing to depart the country voluntarily, or
- The government denies you a benefit, but you now have a better chance of proving you are entitled to it.
For example, you may file a:
- Motion to reopen an immigration court case if the judge ordered your removal due to failure to appear (removal “in absentia”);
- Motion to reopen and terminate removal proceedings if you are now eligible for legal relief, like a green card or asylum;
- Motion to reopen a deportation order when you get new evidence that you could not access before;
- Motion to reopen immigration cases based on changed country conditions, especially for asylum seekers; and
- Motion to reopen after voluntary departure to apply for new relief.
If you can provide evidence that shows the judge got it wrong, a motion to reopen can reverse a negative outcome, such as a deportation order.
What Can a Motion to Reopen Do for You?
When you file a motion to reopen, there are several potential outcomes, including:
- The judge reopens your case, allowing you to return to court to prove your case with the new evidence;
- The judge denies the motion, the original removal order remains in place, and you are legally obligated to follow it;
- The government attorney agrees that the new evidence indicates the judge got it wrong and joins your motion to communicate that to the judge; or
- The judge reopens your case and then terminates it, often because you are now eligible for immigration benefits that allow you to remain in the U.S.
Your likelihood of success depends on multiple factors, including the quality and relevance of the new evidence, the timing of your motion, whether the government attorney opposes or supports the motion, and your immigration and criminal history.
What Is the Motion to Reopen Processing Time?
The time a judge takes to decide a motion to reopen varies. Motions filed with the immigration court may take several months, while those filed with the BIA may take longer.
The typical motion to reopen processing time depends on factors like:
- Which court or agency handles the motion,
- Case backlogs,
- How factually and legally complex your situation is, and
- Whether the government joins the motion.
Your immigration lawyer can provide a more precise estimate based on your circumstances and help you prepare for your individual hearing in immigration court should your case be reopened.
Get Help from EMP Law
If you are facing removal or exploring ways to reopen your immigration case, EMP Law is here to help. Our team has successfully guided many individuals and families through complex immigration matters, including motions to reopen.We are proud to stand up for people who face legal challenges against powerful government systems. Our experienced North Carolina immigration attorneys understand deportation defense, immigration litigation, and federal court practice and are here to help advocate for your future. Contact EMP Law to schedule a consultation.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
Loading...